Illinois

Is Weed Legal in Illinois? 

On May 31st, 2019, Illinois passed the Cannabis Regulation and Tax Act, making it the first state in the nation to legalize recreational marijuana through an act of the state legislature. Until then, all other states had legalized recreational cannabis through a ballot initiative submitted to citizens for a vote. In very exciting news, Illinois is now the 11th state in the US to legalize recreational marijuana for adults 21 and over.

Buying Marijuana in Illinois 

Buying Marijuana at a Dispensary

Adults 21 and over are able to visit a licensed dispensary to purchase legal weed and take home up to 30 grams of marijuana flower, among numerous other products.

Registered medical marijuana patients may visit one of the state’s licensed medical dispensaries and purchase up to 2.5 ounces (70 grams) of cannabis flower every 2 weeks. Medical patients must designate one dispensary as their primary marijuana provider upon receiving their medical card. Patients are limited to purchasing marijuana products from their selected provider but may change the selected dispensary online with 24 hours notice. 

Using a Marijuana Delivery Service 

For now, only medical patients can have marijuana legally delivered to them. Deliveries can only be completed by state-licensed medical dispensaries, rather than delivery services like you might see in another state. Visit our store locator to find available marijuana delivery services in Illinois. 

Store Hours

Each city in Illinois will have its own regulations when it comes to operating hours for marijuana dispensaries. Expect most Illinois dispensaries to stay open no later than 6-7 PM. Chicago dispensaries are required to close their doors by 7 PM. 

Purchasing Restrictions

Medical marijuana patients in Illinois may purchase up to 2.5 ounces of cannabis flower every 14 days. If you plan to purchase non-flower products such as extracts, concentrates, edibles and more, the amount of marijuana used to make the product determines the purchasing limits. 

For adult-use, Illinois residents over 21 can purchase 30 grams of cannabis flower, 5 grams of concentrates, or THC-infused products containing up to 500mg of THC. Out of state recreational customers are able to buy half that amount, limited to 15 grams of cannabis flower, 2.5 grams of concentrates, or 250mg of THC-infused products. 

Available Products 

Illinois dispensaries feature a wide range of available products from THC-infused skin creams to some of the finest cannabis flower in the Great Lakes area. Every retailer will have its own menu and doing a brief investigation online will keep you from being overwhelmed on your first visit.

Taxes on Marijuana in Illinois

Taxes on Recreational Marijuana in Illinois 

Rather than a statewide standard marijuana tax, Illinois has created a unique taxation system for recreational marijuana. The state will fix a tax rate based on either the THC levels of a cannabis product or the type of product being sold, with more THC equating to higher taxes:

• 25% tax on any product with more than 35% THC
• 20% tax on any product infused with THC, such as edibles 
• 10% tax on any product with less than 35% THC

Taxes on Medical Marijuana in Illinois 

Even after recreational marijuana comes to Illinois in 2020, it may be wise to hold onto your medical marijuana card. The tax rate on medical marijuana will remain at 1% for the state sales tax. Compare that with the 10-25% tax rate imposed on recreational marijuana and a yearly medical marijuana fee will likely pay for itself after a few visits. 

Possession

Consumers over 21 may possess 30 grams of flower, and can possess infused products containing up to 500mg of THC or 5 grams of concentrates.

Note that MMJ patients may possess up to 2.5 ounces of marijuana flower at one time. If you are carrying concentrates or infused products such as edibles, the weight of the marijuana used to make the product is used to determine possession limits.

Using Marijuana in Illinois 

Under House Bill 1438, which legalized recreational marijuana in Illinois, cities may choose to allow cannabis consumption cafes or bars within city limits. Until then, the consumption of THC products is strictly limited to private residences only. Even once recreational marijuana becomes legal, public consumption will still be outlawed. Unfortunately, the list of places you can’t use marijuana is much longer than the list of places you can. 

Areas in Illinois that DO NOT allow the use of marijuana:

• In your car
• At a local park
• At the lake
• Federal lands (national parks, national forests)
• On a school campus
• Any public place 

Areas in Illinois that DO allow the use of marijuana:

• Within your private residence 
• Outside a private residence, as long as it is out of the view of the public.  
• In your ‘smoker-friendly’ hotel room (first check the rules specific to your hotel)
• Cannabis consumption cafes coming to Illinois in 2020

Smoking on Federal Lands 

Despite the legalization of marijuana in states like Illinois, cannabis is still federally illegal. For this reason, consuming or carrying marijuana on federal lands is a big no-no. When you visit a national park, monument, forest or otherwise, keep the weed at home. 

Medical Marijuana in Illinois 

On January 1st, 2014, the Compassionate Use of Medical Cannabis Pilot Program Act went into effect, legalizing medical marijuana in the state of Illinois. Residents who qualify may receive a recommendation from a state-licensed physician to begin purchasing legal medical marijuana in the state. Patients are required to select one dispensary as their primary cannabis provider upon receiving their medical card. 

How to Get a Medical Marijuana Card in Illinois

If you are a resident of Illinois, 18 years old or over with a qualifying medical condition, you may apply for a medical marijuana card in the state. Some of the qualifying conditions include:

• HIV/AIDS 
• Post-Traumatic Stress Disorder (PTSD) 
• Crohn’s disease 
• Cancer 
• Seizures 
• Alzheimer’s
• Glaucoma
• Residual limb pain
• Crohn’s disease
• Rheumatoid arthritis
• Hepatitis C
• Tourette syndrome

For a complete list of qualifying conditions, click here.

If you feel that you meet these qualifications, follow these steps to receive your medical marijuana card:

1. Visit a state-licensed doctor who can verify your illness and provide you with a written certification.
2. Complete the state’s ‘Medical Cannabis Patient Application’ online, submitting your written physician recommendation along with your application.
3. Select 1 dispensary as your sole provider of marijuana (this can be changed later on if needed). 
4. Pay the application fee, which varies depending on the desired length of your card (1-3 years). Click here for pricing. 
5. Submit a passport-size photo along with your application to be displayed on your card. 
6. Include a copy of your ID, proving that you are over 18 years old.
7. If you plan to have a caregiver, a caregiver application must also be submitted. 

Out of State Medical Cards

Unfortunately, Illinois dispensaries will not honor out of state medical marijuana cards. Illinois medical marijuana cards cannot be obtained by non-residents. Luckily, non-residents will be able to purchase recreational marijuana starting in 2020.

How to Transport Marijuana in Illinois 

Transporting Marijuana in Illinois 

You may transport your purchased marijuana in a sealed container, out of reach of the driver. It is never ok to have an open marijuana container in the car. 

Driving While Under the Influence of Marijuana

If you have recently smoked or used a THC infused product, we recommend that you don’t drive. Illinois does permit individuals to drive if their blood THC level is under 5 nanograms per millimeter, essentially creating a ‘legal limit’ for weed. Having said this, it is very hard to judge intoxication levels, so we recommend opting for public transportation when consuming in the Windy City.

Driving Across State Lines with Marijuana

While marijuana will soon be recreationally legal in many states, it remains a federal crime. For this reason, you may not transport marijuana across state lines, either by car, plane or any other mode of transportation. Even if you plan to travel to another legal state, leave the weed in Illinois. 

Growing Marijuana in Illinois 

Currently, no one other than state-approved cultivators may grow marijuana in Illinois. However, starting in 2020, medical patients are allowed to grow 5 plants in their home. Recreational users will not be allowed to grow marijuana at any time. 

Resources

• https://norml.org/laws/illinois-penalties/
• https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/
• https://www.marijuanaandthelaw.com/state-laws/illinois/